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Wages & Hours

Classifying employees? Examine specific tasks

07/19/2011

Courts are becoming more reluctant to authorize massive class-action lawsuits. Example: A federal court has ruled that assistant restaurant managers who believe they were misclassified must bring individual lawsuits. They can’t proceed as a class. The practical impact: Most likely, lower damages.

Telework on the decline, thanks to down economy

07/15/2011
The total number of people who worked from home or another remote location for an entire day at least once a month has declined for the first time since the non­profit WorldatWork began measuring telework in 2003. The pull-back from telework reflects a psychological shift driven by the anemic economy, according to authors of a WorldatWork report.

New FLSA regs mean it’s time to review wage-and-hour practices

07/13/2011

New regulations implementing the FLSA are now in effect, and they mark a significant change in federal wage-and-hour rules—and how the DOL enforces them. The new regulations were created to make FLSA regulations consistent with changes driven by other applicable federal laws. Be mindful of these new regulations and the additional burdens they impose.

Milton car dealership settles wage-and-hour dispute

07/13/2011
Milton-based McKenzie Buick GMC has settled a dispute over minimum wage, overtime pay and tracking of employees’ hours worked. An investigation by the U.S. Department of Labor’s Wage and Hour Division revealed the dealership wasn’t maintaining accurate records of the hours many of its salespeople worked.

What’s this new technology designed to help employees track their hours worked?

07/13/2011
Q. I heard something about a new wage-and-hour smartphone app that the Department of Labor has announced. What does it mean for our company?

Factor in employee discretion when tech changes start to affect FLSA classifications

07/13/2011
As the world of work becomes more technologically driven, some employees are seeing their job responsibilities change. Those jobs may then change from hourly to exempt under the FLSA.

DOL cracks down! Are your classifications FLSA-compliant?

07/12/2011
In the past year, the U.S. Department of Labor has renewed its focus on combating employee misclassification, and there has been a recent significant increase in the number of wage-and-hour lawsuits. In many of these cases, workers are challenging their designation as exempt employees under the Fair Labor Standards Act.

Work in your pajamas: What could be better than that?

07/08/2011
Before any employee begins telecommuting, there are payroll issues you need to resolve: keeping time for nonexempts, how and when to pay, and reimbursement for business expenses.

Making paycheck deductions in New York is dangerous business

07/06/2011

When an employee owes the company money, it may be tempting to simply deduct it from his or her next paycheck. But in New York, that can be a big mistake. Over the past couple of years, the New York State Department of Labor has issued several opinion letters that significantly narrow its interpretation of New York Labor Law Section 193.

Can you vary pay based on location, duties?

07/05/2011
When employees start grumbling about pay, they’ll sometimes look far afield to find a grievance they can latch onto. Next thing you know, you’re facing a pay discrimination lawsuit. What does federal law say about pay systems based on geographic differences and varying duties?